CHARTER
of the
CITY OF
AURORA, OHIO
2014
UPDATED PER NOVEMBER 4, 2014 ELECTION
MAYOR
Ann Womer Benjamin
AURORA CITY COUNCIL
COUNCIL PRESIDENT
George Horvat
Ward Four
COUNCIL VICE PRESIDENT
Dennis Kovach
Ward Two
COUNCIL AT LARGE
John Kudley, Jr.
Amy McDougald
K. Scott Wolf
WARD ONE
James Vaca, Sr.
WARD THREE
Reva Barner
WARD FIVE
Kathi Grandillo
WARD SIX
Harold Hatridge
2014 CHARTER REVIEW COMMISSION
Dr. Larry Oswick, Chairman
Jane Adams
William Keckan
Charisse Louis
Dale Moravec
Nancy Schnell
Liz Sutter
Mary Thomas
Richard Vlasak
2014 Aurora Charter
Amended & Updated by
Donna Hawks, CMC, Clerk of Council
Dean DePiero, Law Director
2014 Aurora City Charter Page 2
AURORA CHARTER
Editor’s Note: The Charter was originally adopted by the electors at a
special election on June 26, 1959. Dates appearing in parentheses at the
end of a section heading indicate those provisions were subsequently
adopted or amended on the date given.
TABLE OF CONTENTS
PREAMBLE (11-3-1992)
ARTICLE I
Section 1.01
Section 1.02
NAMES AND BOUNDARIES
Name (11-3-1992)
Boundaries
ARTICLE II
Section 2.01
MUNICIPAL POWERS
Municipal Powers (5-3-2005)
ARTICLE III
Section 3.01
Section 3.02
Section 3.03
Section 3.04
Section 3.05
Section 3.06
Section 3.07
Section 3.08
Section 3.09
Section 3.10
Section 3.11
Section 3.12
Section 3.14
Section 3.15
Section 3.16
THE COUNCIL
Powers, Number and Term (11-3-1992)
Qualifications (11-4-1997; 11-7-2000)
Vacancies (11-3-1992; 11-2-2004; 11-4-2014)
Removal (11-3-1992; 11-7-2000; 5-3-2005)
Wards (11-5-1985; 5-3-2005)
Organization and Meetings (11-4-1997; 5-3-2005)
Special Meetings (11-4-1997; 11-2-2004)
Quorum (11-3-1992)
Compensation and Bonds (11-4-1997; 5-3-2005)
Clerk of Council (11-5-1985; 5-3-2005)
Legislative Procedure (11-4-1997; 5-3-2005; 11-4-2014)
Annual Appropriations Considerations (11-4-1997; 5-3-2005;
11-4-2014)
Emergency Ordinances and Resolutions (11-4-1997; 11-22004; 11-3-2009)
Effective Date of Ordinances and Resolutions (11-3-1992)
Boards and Commissions (11-4-1997; 11-2-2004; 11-4-2014)
President of Council (11-4-1997; 5-3-2005; 11-4-2014)
ARTICLE IV
Section 4.01
Section 4.02
Section 4.03
Section 4.04
THE MAYOR
Term of Office (11-3-1992)
Qualifications (11-4-1997; 11-7-2000; 11-2-2004)
Judicial Powers
Legislative Powers (11-4-1997; 11-4-2003)
Section 3.13
2014 Aurora City Charter Page 3
Section 4.05
Section 4.05A
Section 4.06
Section 4.07
Section 4.08
ARTICLE V
Section 5.01
ARTICLE VI
Section 6.01
Section 6.02
Section 6.03
Section 6.04
Section 6.05
Executive Powers (11-4-1997; 11-4-2003; 5-3-2005)
Appointment and Removal of Department Directors and
Division Heads (11-2-2004; 11-4-2014)
Veto Powers (11-3-1992; 11-2-2004)
Vacancy (11-4-1997; 11-2-2004; 11-4-2014)
Mayor Elect (11-4-2003; 11-4-2014)
ADMINISTRATIVE OFFICES, DEPARTMENTS, BOARDS AND
COMMISSIONS
General Provisions (11-4-1997; 11-2-2004)
DEPARTMENT OF FINANCE
Director Duties (11-2-1971; 11-4-1975; 11-4-1997; 11-7-2000;
3-2-2004; 11-2-2004)
Contracts and Purchasing (11-4-1997; 11-7-2000; 11-2-2004)
Limitation on Rate of Taxation
Income Tax Credit (5-6-2003)
Councilmanic Bonds (5-4-2010)
ARTICLE VII
Section 7.01
DEPARTMENT OF LAW
Director Duties (11-4-1975; 11-4-1997; 3-2-2004; 11-2-2004;
11-4-2014)
ARTICLE VIII
Section 8.01
Section 8.02
Section 8.03
DEPARTMENT OF PUBLIC SAFETY
Director Duties (11-4-1975; 11-5-1985; 11-4-1997; 11-7-2000;
3-2-2004; 11-2-2004)
Division of Police (11-2-2004)
Division of Fire & EMS (11-2-2004)
ARTICLE IX
Section 9.01
DEPARTMENT OF PUBLIC SERVICES
Director Duties (11-4-1997; 3-2-2004; 11-2-2004)
ARTICLE X
Section 10.01
PARKS AND RECREATION
Parks and Recreation (11-7-2000; 3-2-2004; 11-2-2004)
ARTICLE XI
Section 11.01
Section 11.02
DIVISION OF PLANNING, ZONING AND BUILDING (11-4-2014)
Director Duties (11-4-2014)
Organization (11-4-2014)
ARTICLE XIII
Section 13.01
Section 13.02
Section 13.03
PLANNING COMMISSION AND ZONING PROCEDURE
Planning Commission - Composition and Term (11-4-1997)
Organization (11-4-1997; 5-8-2001; 11-4-2014)
Powers and Duties (5-8-2001)
2014 Aurora City Charter Page 4
Section 13.04
Section 13.05
Mandatory Referral to Planning Commission; Electorate
Approval (11-3-1992; 11-7-2000; 11-2-2004; 11-4-2014)
Public Hearings by Council (5-3-2005)
ARTICLE XIV
Section 14.01
Section 14.02
Section 14.03
Section 14.04
Section 14.05
MASTER PLAN REVIEW COMMISSION
Composition and Terms (11-4-1997)
Duties (11-4-1997)
Master Plan Contents (11-4-1997; 11-4-2014)
Master Plan Review by Planning Commission (11-4-1997)
Master Plan Review by City Council (11-4-1997; 11-2-2004;
11-3-2009; 11-4-2014)
ARTICLE XV
Section 15.01
Section 15.02
CIVIL SERVICE COMMISSION
Establishment (11-4-1997; 11-7-2000; 11-2-2004)
Employment Testing (11-4-1997; 11-7-2000)
ARTICLE XVI
Section 16.01
Section 16.02
NOMINATIONS AND ELECTIONS
Nominations (11-5-1985; 11-7-2000; 11-2-2004)
Elections (11-3-1992; 11-2-2004)
ARTICLE XVII
Section 17.01
Section 17.02
Section 17.03
INITIATIVE, REFERENDUM AND RECALL
Initiative
Referendum (11-2-2004; 11-3-2009)
Recall (11-4-1975; 11-2-2004; 11-4-2014)
ARTICLE XVIII
Section 18.01
Section 18.02
FRANCHISES
Granting of Franchises
Regulations
ARTICLE XIX
Section 19.01
AMENDMENTS TO CHARTER
Inconsistent Amendments (11-3-1992; 5-3-2005)
ARTICLE XX
Section 20.01
Section 20.02
CHARTER REVIEW COMMISSION
Composition and Terms (11-4-1997; 11-7-2000)
Duties (11-3-1992)
ARTICLE XXI
Section 21.01
Section 21.02
Section 21.03
Section 21.04
Section 21.05
Section 21.06
GENERAL PROVISIONS
Effective Date of Charter
Effect of Partial Invalidity
Effect of Charter upon Existing Laws and Rights (5-3-2005)
Interpretation of the Charter
Rearrangement and Reprinting of Charter (11-4-1975)
Conflict of Interest Prohibition (11-3-1992; 11-7-2000; 11-32009)
2014 Aurora City Charter Page 5
CHARTER OF THE MUNICIPALITY OF
AURORA, OHIO
PREAMBLE
We, the people of the City of Aurora, in the County of Portage, and State of
Ohio, in order to secure for ourselves the benefit of municipal home rule and to
exercise all of the powers of local self-government under the Constitution and
the laws of the State of Ohio, do hereby adopt this Charter for our Municipality.
(11-3-1992.)
ARTICLE I
NAME AND BOUNDARIES
SECTION 1.01
NAME
The Municipality now existing in the County of Portage, State of Ohio and
known as the City of Aurora, shall continue to be a body politic and corporate.
(11-3-1992.)
SECTION 1.02
BOUNDARIES
The Municipality shall have the same boundaries as now exist, with the power
and authority to change its boundaries and annex other territory contiguous
thereto in the manner authorized by the laws of Ohio.
ARTICLE II
MUNICIPAL POWERS
SECTION 2.01
MUNICIPAL POWERS
The City shall have all the powers of local self government or otherwise,
general or special, governmental or proprietary, expressed or implied, which
may be possessed or assumed by municipalities under the Ohio Constitution
and other Ohio laws. No enumeration of specific powers in this Charter shall
be held to be exclusive.
All such powers shall be exercised in the manner prescribed in this Charter or, if
not prescribed in this Charter, in such manner as Council may determine, or,
unless a contrary intent appears in this Charter or in the enactments of the
Council, in such manner as at the time be provided by Ohio laws. (Amended 53-2005.)
2014 Aurora City Charter Page 6
ARTICLE III
THE COUNCIL
SECTION 3.01 POWERS, NUMBER AND TERM
All legislative powers of the Municipality under this Charter, together with all
such powers conferred upon municipalities by the Constitution and laws of
Ohio, shall be vested in a Council of nine (9) members.
Six (6) members shall be elected by the electors of each of the six (6) wards
herein provided, one (1) from each ward, and three (3) members shall be
elected at large by the electors of the Municipality.
The terms shall be staggered, shall be for a period of four (4) years, beginning
on January 1st next following the member’s election, and the member shall
hold office until a successor is elected and qualified. (11-3-1992.)
SECTION 3.02 QUALIFICATIONS
Each member of Council at the time of filing a petition for nomination for said
office shall have been a bona fide resident, qualified elector and registered
voter of this Municipality for one (1) year prior to that date, and shall so remain
during such member’s term of office. Each member of Council representing a
Ward of the City at the time of filing a petition for nomination for said office
shall also have been a bona fide resident of that Ward for one (1) year prior to
that date, and shall so remain during such member’s term of office.
No member of Council, while serving as a member of Council, shall hold any
other elected public office, nor be otherwise employed by, nor hold any other
office in, this Municipality. No member shall be interested in the profits or
emoluments of any contract, job, work, or service for which monies of the
Municipality are, or will be, expended. (11-7-2000.)
SECTION 3.03 VACANCIES
Whenever the office of a member of Council becomes vacant for any reason it
shall be filled by an appointment by the majority of the remaining members of
Council. If the vacancy occurs before the expiration of two years of that
Council member’s term, a successor shall then be elected to complete the
unexpired term, at the next regular municipal general election. The person
appointed by Council may be a candidate for election.
Any vacancy in an office of a member representing a ward shall be filled from
that ward.
2014 Aurora City Charter Page 7
If Council fails, within 30 days from the date of that vacancy, to fill that vacant
office by appointment which it has the right to make under this section, the
Mayor shall fill it by appointment. (11-7-2000; 11-2-2004; 11-4-2014.)
SECTION 3.04 REMOVAL
The Council shall be the sole judge of the election and qualifications of its
members. It may remove from office any member for gross misconduct,
misfeasance, malfeasance or nonfeasance in or disqualification for office, or for
the conviction while in office of a crime involving moral turpitude, or for the
violation of the oath of office, or persistent failure to abide by the rules of
Council, or absence without justifiable excuse, as determined by a majority of
the other members of Council, from three consecutive regular meetings of
Council, or three consecutive regular meetings of any one standing committee
of Council to which the Council member is appointed. Such removal shall not
take place without the concurrence of at least two-thirds of the other members
of Council, nor until the individual shall have been notified in writing of the
charge at least 15 days in advance of a public hearing upon such charge, and
the individual or the individual’s counsel has been given an opportunity to be
heard, present evidence or examine any witness appearing in support of, or
against such charge. No individual so removed shall be eligible for
appointment to the vacancy created thereby. (11-7-2000; 5-3-2005.)
SECTION 3.05 WARDS
The City is divided into six wards.
Council shall have the power by ordinance to change ward boundaries at any
time and shall, by ordinance passed within 120 days after the official report of
the results of each decennial federal census, either change the ward
boundaries or affirm the then existing ward boundaries in each case so as to
practically comply with the one person one vote requirement.
Council shall hold a public hearing on any ordinance that changes or affirms
ward boundaries, and shall give 30 days public notice of the time and place of
that hearing once in a newspaper of general circulation in the City and by
posting at the same locations as required for ordinances. That ordinance shall
be certified by the Clerk of Council to the Board of Elections of Portage County
within 10 days after its effective date. (5-3-2005.)
SECTION 3.06 ORGANIZATION AND MEETINGS
The Council organizational meeting is to be held in the Council Chambers
before January 7 of each year following a regular municipal election.
No gathering of persons newly elected as members of Council, prior to the start
of their term, shall be considered a meeting of Council.
2014 Aurora City Charter Page 8
The Council shall adopt its own written rules and/or bylaws by the first meeting
in March following the organizational meeting.
Council shall hold a regular meeting at least once during each calendar month,
provided that it may recess during the month of either July or August.
The agenda for any regular meeting of Council shall be posted at least 72 hours
prior to the time of that meeting at City Hall, the Post Office and the Public
Library if permitted, and in no less than two other publicly available places in
the City as determined by Council.
All meetings of the Council shall be open to the public, except when Council
adjourns to an executive session. Council may adjourn to executive session
only for the purposes and in the manner provided by Ohio law. (11-4-1997; 5-32005.)
SECTION 3.07 SPECIAL MEETINGS
Special meetings of Council may be called by a vote of a majority of members
of Council taken at any regular or special meeting, or by the Clerk of Council
upon the written request of the Mayor, or of the President of Council, or of any
three members of Council. Any such vote or request shall state the time and
the subject or subjects to be considered at the meeting and no other subject or
subjects may be considered, except on the approval at that meeting by at least
two-thirds of the members of Council. Unless an emergency exists requiring
shorter notice, confirmed by at least two-thirds of the members of Council,
twenty-four hours notice in writing of a special meeting shall be given to each
member of Council and the Mayor, by personal service or by leaving it at their
usual places of residence, except that the members of Council shall be held to
have waived such notice by their attendance at the special meeting. (11-41997; 11-2-2004.)
SECTION 3.08 QUORUM
A majority of the members of Council shall constitute a quorum to transact
business, but a lesser number may adjourn from time to time and compel the
attendance of absent members in such manner and under such penalties as
may be prescribed by Council rules and regulations duly adopted. (11-3-1992.)
SECTION 3.09 COMPENSATION AND BONDS
The Council shall have the power to fix the compensation of its own members,
of each official and of members of any City board or commission. When
appropriate, Council shall establish any required bond for the faithful discharge
of the duties of each office, the premium on which shall be paid for by the City.
2014 Aurora City Charter Page 9
Council approval of the compensation of all City officials and employees is
required in the following circumstances:
A.
All salary ranges recommended by the Mayor for any position;
B.
The salary recommended by the Mayor for any new hire or newly
elected position;
C.
Any employee salary, including all increases, proposed in the annual
budget and approved by Council as part of the appropriation for that
year; and
D.
Any other employee increase not included in the annual budget
proposed and approved for that year. (11-4-1997; 5-3-2005.)
SECTION 3.10 CLERK OF COUNCIL
Council shall appoint a Clerk of Council and may appoint such deputies or
assistants as it shall determine from time to time, all of whom shall serve at the
pleasure of the Council.
The Clerk of Council shall be the records administrator of the City, and shall
keep an accurate and complete journal of all Council proceedings which shall
be a public record, and shall perform such other duties as the Council may
require from time to time.
In case of the temporary absence or disability of the Clerk of Council and any
Deputy Clerk of Council, Council may appoint another person to perform
temporarily all the duties of that office. (11-5-1985; 5-3-2005.)
SECTION 3.11 LEGISLATIVE PROCEDURE
All legislative action shall be by ordinance or resolution, except when otherwise
required by Ohio laws, but departmental procedure and administrative matters
may be transacted by motion.
On the passage of every ordinance, resolution, measure or other action, the
votes shall be taken by yeas and nays and each Council member’s vote shall be
entered upon the journal. No ordinance, resolution, measure or other action
shall be passed without the concurrence of at least a majority of the members
of Council, unless a different number is required by this Charter or applicable
Ohio law.
Every resolution and ordinance shall contain one subject only, which subject
shall be clearly expressed in its title.
2014 Aurora City Charter Page 10
Every resolution and ordinance shall reflect, somewhere on its first page, who
initially sponsored it for Council’s consideration.
Every resolution and ordinance shall be fully and distinctly read by title only, on
three different days, unless at least two-thirds of the members of Council vote
to suspend this rule. If this rule is suspended, then the resolution or ordinance
shall be so read by title at least once before passage.
All ordinances, resolutions, statements, orders, proclamations, notices and
reports required by Ohio law or this Charter to be published, shall be posted at
City Hall, the Public Library, the City Website and the Post Office if permitted,
and in no less than two other of the most publicly available places in the City,
as determined by Council, for a period of not less than 15 days prior to their
taking effect, except as may otherwise be provided in this Charter or applicable
Ohio law. If legislation was passed as an emergency, it shall be posted for 15
days after passage by City Council. (11-4-1997; 5-3-2005; 11-4-2014.)
SECTION 3.12 ANNUAL APPROPRIATIONS CONSIDERATIONS
Upon receipt of the Mayor’s proposed annual budget and appropriation
ordinance, Council shall consider it for approval. Council may request such
additional information as it deems necessary.
Until such time as Council adopts an appropriation ordinance for the current
fiscal year, amounts appropriated for the preceding year shall be deemed
adopted on a month-to-month basis, with all items in it prorated accordingly.
However, Council may adopt a different temporary appropriation ordinance as
permitted by Ohio law, and may adopt supplemental appropriation ordinances
as it determines necessary.
No later than February 28 of each year, Council shall adopt an annual
appropriation ordinance. (11-4-1997; 5-3-2005; 11-4-2014.)
SECTION 3.13
EMERGENCY ORDINANCES AND RESOLUTIONS
An emergency ordinance or resolution necessary for the preservation of the
public peace, health or safety, shall contain a statement of the necessity for
such emergency action, and its enactment shall require the affirmative vote of
at least two-thirds of the members of Council. The specific reason for any
proposed emergency on any ordinance or resolution shall be set forth on the
agenda for the meeting at which that legislation is considered.
No action of Council authorizing the surrender or joint exercise or any of its
powers, or in granting any franchise, or in the enactment, amendment or
repeal of any zoning ordinance, or in authorizing any change in the boundaries
2014 Aurora City Charter Page 11
of the City, or in authorizing the purchase or sale of real property at a price of
$100,000 or more, shall be enacted as an emergency measure. (11-4-1997; 112-2004; 11-3-2009.)
SECTION 3.14
EFFECTIVE DATE OF ORDINANCES AND RESOLUTIONS
Each ordinance or resolution providing for the appropriation of money or for an
annual tax levy, or for improvements petitioned for by the owners of a majority
of the front footage of property to be benefitted and specifically assessed
therefor, and any emergency ordinance or resolution shall take effect, unless a
later date be specified therein upon its approval by the Mayor, or upon the
expiration of the time within which it may be vetoed by the Mayor, or upon its
passage after veto by the Mayor, as the case may be.
Every other ordinance or resolution shall not become effective until thirty (30)
days after its approval by the Mayor or until thirty (30) days after the expiration
of the time within which it may be vetoed by the Mayor, or until thirty (30)
days after its passage after veto by the Mayor, as the case may be. (11-31992.)
SECTION 3.15
BOARDS AND COMMISSIONS
The Council, together with the Mayor, may establish or approve the
establishment of departments, divisions, boards and commissions as the needs
of the City may require, and may abolish or combine them, except for those
specifically established by this Charter, in any manner as they deem necessary.
If the organization, powers and duties of departments, divisions, boards and
commissions are not expressly provided in this Charter, they shall be as
provided or approved by ordinance of Council. (11-4-1997; 11-2-2004; 11-42014.)
SECTION 3.16
PRESIDENT OF COUNCIL
The Council shall, at each organizational meeting or as soon as practical
thereafter, select one of its members to serve as President of Council, and one
to serve as Vice President of Council to act as Council President in case of
temporary absence or disability of the Council President or of vacancy in that
office.
The President of Council shall preside over all meetings of the Council, and shall
have all the powers, duties, functions, obligations and rights of any other
member of Council, including the right to vote.
During any period when the Mayor shall be temporarily unable to perform the
Mayor’s duties, the President of Council shall be the acting Mayor, and shall
continue to perform duties as President of Council and as a member of Council
2014 Aurora City Charter Page 12
and shall continue to enjoy all of the powers as President of Council and as a
member of Council, including the right to vote. The President of Council shall
receive per diem compensation based upon the elected Mayor’s established
annual salary for each day served as Mayor or acting Mayor. (11-4-1997; 5-32005; 11-4-2014.)
ARTICLE IV
MAYOR
SECTION 4.01 TERM OF OFFICE
For the term beginning in January, 1994, and thereafter, the Mayor shall be
elected for a term of four (4) years, and assume office on the first day of
January following each such election and serve until a successor is elected and
qualified. (11-3-1992.)
SECTION 4.02 QUALIFICATIONS
The Mayor, for one year prior to the time of the filing of a petition for
nomination for that office, shall have been a resident and qualified elector of
this City, and shall remain so during the term of office. The elected Mayor shall
serve full-time, and hold no other elected public office, or public or private
employment that would interfere or conflict with duties as Mayor. (11-4-1997;
11-7-2000; 11-2-2004.)
SECTION 4.03 JUDICIAL POWERS
The Mayor shall have all the judicial powers now or hereafter granted by the
laws of Ohio to Mayors of municipalities.
SECTION 4.04 LEGISLATIVE POWERS
The Mayor shall attend all meetings of Council, and inform Council of the
business of the City in the form of a Mayor’s Report. The Mayor may introduce
ordinances and resolutions with the endorsement of at least two members of
Council, unless such requirement is waived by a majority of Council, and take
part in the discussion of all matters coming before the Council, but shall have
no vote. (11-4-1997; 11-4-2003.)
SECTION 4.05 EXECUTIVE POWERS
The Mayor shall be the chief executive, operating, and administrative officer of
the City. The Mayor shall administer all the affairs of the City and the conduct
and administration of all City departments and divisions except Council. All
department and division heads and assistants are to be appointed, promoted,
transferred, terminated and otherwise disciplined upon the Mayor's
determination, all subject to the requirements of this Charter.
2014 Aurora City Charter Page 13
The Mayor shall be the chief conservator of the peace within the City and shall
see that all Ohio laws and City ordinances and resolutions are enforced.
The Mayor, shall execute on behalf of the City all contracts, conveyances,
evidences of indebtedness, and any other instruments to which the City is a
party, except as otherwise required or provided by this Charter or Ohio law.
The Mayor, with the assistance of the Finance Director and the Chairman of the
Finance Committee, shall submit an ordinance containing the annual budget
and appropriation (a preliminary financial plan for the next fiscal year) to
Council for its consideration and approval, no later than the last regular Council
meeting in December. The proposed ordinance shall include detailed income
and expense statements and shall be accompanied by the Mayor's written
comments and by a history of income and expenditures for the two prior years
as well as the current year forecast, the proposed budget and a general
forecast for the next succeeding four years. Significant changes in projected
income and expenses shall be accompanied by written comment. Council may
request additional information.
The Mayor shall recommend to Council for adoption such measures as the
Mayor may deem necessary or expedient and shall keep the Council advised of
the condition, both financial and otherwise, and needs of the City.
Subject to the other provisions of this Charter, the Mayor shall appoint,
promote, discipline, transfer, remove, and reduce employees except those who
are employees of Council. The Mayor shall also recommend to Council, for its
consideration and approval, appropriate levels and subsequent adjustments of
salary ranges and compensation of all City positions and employees, and shall
implement all employee salaries approved by Council as part of the annual
budget appropriation for that year or otherwise, and will notify Council when
any approved salary increases are given. (11-4-1997; 11-4-2003; 5-3-2005.)
SECTION 4.05A APPOINTMENT AND REMOVAL OF DEPARTMENT
DIRECTORS AND DIVISION HEADS
Unless otherwise provided in this Charter: each director of a department or
head of the Police or Fire & EMS division shall be appointed by the Mayor;
department directors shall be appointed to a term concurrent with the term for
which the Mayor is elected; the Mayor’s appointment shall become effective
upon confirmation by a majority vote of the members of Council; a director or
Police or Fire & EMS division head may be removed from office by the Mayor,
which removal shall be preliminarily effective immediately and shall be
permanently effective unless rejected by a vote by more than two-thirds of the
members of Council. Pending confirmation vote by Council, persons appointed
2014 Aurora City Charter Page 14
as directors or Police or Fire & EMS division heads shall be considered to be
acting directors or Police or Fire & EMS division heads. If the Council vote on
confirmation of appointment or rejection or removal is not taken within 21
days after the appointment or removal is announced by the Mayor, the
appointment or removal becomes effective without Council action.
Notwithstanding the foregoing, the Mayor shall be empowered to appoint
interim department directors or division heads for a period of up to 90 days
without the requirement of Council confirmation.
The Mayor shall appoint all members of City boards and commissions except as
may be otherwise provided in this Charter. (11-2-2004; 11-4-2014.)
SECTION 4.06 VETO POWERS
Each ordinance or resolution adopted by Council shall be attested by the Clerk
of Council, who shall present it for approval or disapproval to the Mayor within
48 hours after passage by the Council.
If the Mayor approves such legislation, the Mayor shall sign it and file it with
the Clerk of Council. If the Mayor disapproves such legislation, the Mayor shall
return it with the objections in writing to the Clerk of Council within 10 days
after it is presented to the Mayor by the Clerk, which objections shall be
entered in full on the journal of Council.
If any ordinance or resolution is not returned by the Mayor within 10 days after
it was presented to the Mayor, it shall become effective in the same manner as
if the Mayor had signed it.
The Mayor may approve or disapprove the whole of any resolution or
ordinance.
Upon the Mayor’s disapproval of any ordinance or resolution, the Council may,
no later than at its next regular meeting, reconsider it, and if upon such
reconsideration the ordinance, resolution or item is approved by at least twothirds of the members of Council, it shall take effect notwithstanding the
disapproval of the Mayor. (11-3-1992; 11-2-2004.)
SECTION 4.07 VACANCIES
If the office of Mayor shall become vacant for any reason, the President of
Council shall thereupon become Mayor and that person's position as Council
member shall become vacant and shall be filled by Council as soon as possible,
as provided in Section 3.03. If the vacancy occurs with more than two years
remaining in the Mayor’s term, a successor shall then be elected to complete
the unexpired term, at the next regular municipal general election. The
2014 Aurora City Charter Page 15
individual who as President of Council became Mayor in the interim may be a
candidate for the office of Mayor at that election. (11-4-1997; 11-2-2004; 11-42014.)
SECTION 4.08 MAYOR ELECT
There is hereby created the position of Mayor Elect, defined as that person
elected at the November general election to assume the office of Mayor on the
first day of January following such election.
During the period between certification of the Mayoral election by the Board of
Elections and the first day of January following such election, the Mayor Elect
shall be empowered, subject to other applicable provisions of this Charter and
the Codified Ordinances of the City, to appoint department and/or division
heads and assistants whose terms are effective upon the Mayor taking office
and to notify current department and/or division heads and assistants that
their appointments will not be renewed and that their employment by the City
of Aurora will terminate at the end of the last day of December following the
November election. (11-4-2003; 11-4-2014.)
ARTICLE V
ADMINISTRATIVE OFFICES, DEPARTMENTS, BOARDS AND
COMMISSIONS
SECTION 5.01 GENERAL PROVISIONS
All departments and all department directors shall report to the Mayor. All
divisions and division heads shall, as provided in this Charter or in the
ordinances creating the divisions, report to the Mayor or to the applicable
department director. With the approval of Council, the Mayor may establish
new departments or divisions, and, with the exception of the departments
established by this Charter and except as may otherwise be provided in this
Charter, may combine or abolish departments and divisions. The Mayor may
authorize one individual to head two or more departments or divisions. (11-41997; 11-2-2004.)
ARTICLE VI
DEPARTMENT OF FINANCE
SECTION 6.01
DIRECTOR DUTIES
The Director of Finance shall be the head of the Department of Finance and the
chief fiscal officer of the City.
2014 Aurora City Charter Page 16
The Director of Finance shall keep full, complete and accurate records of all
financial transactions of the City, collect, deposit and safely keep all moneys of
the City and disburse the same, and perform other duties of the office as
required by Ohio law or City ordinances.
The Director shall not allow the amount set aside for any appropriation to be
overdrawn, or to be drawn for any purpose not authorized. The Director shall
carefully examine all payrolls, bills and other claims against the City and shall
issue no warrant, check or voucher in payment thereof, unless the Director
shall find the same to be in proper form, correctly computed, duly approved,
and properly payable and that an appropriation has been made therefor. (112-1971; 11-4-1975; 11-4-1997; 11-7-2000; 3-2-2004; 11-2-2004.)
SECTION 6.02 CONTRACTS AND PURCHASING
If and to the extent provided or authorized by Council, a City Purchasing
Director or department director or division head may make purchases and
enter into contracts on behalf of the City involving expenditures of not more
than $10,000.00.
No purchase or contract involving an expenditure of more than $10,000.00,
except a contract for professional services, may be made except from or with
the lowest or best responsive and responsible bidder as determined by Council
after advertising for bids once a week for at least two weeks in a newspaper of
general circulation within the City. However, Council may authorize purchases
or contracts involving an expenditure of more than that amount without
advertising for bids if it determines and declares by the affirmative vote of at
least two-thirds of the members of Council that it is in the best interests of the
City, or that an emergency exists affecting the public health, safety or welfare,
specifying the nature thereof in its minutes. (11-4-1997; 11-7-2000; 11-22004.)
SECTION 6.03 LIMITATION ON RATE OF TAXATION
The power of Council to levy taxes shall be subject to the limitations now or
hereafter provided by the Constitution and the laws of Ohio, and nothing
contained in this Charter shall be construed as authorizing the levy of any taxes
in excess of such limitations without a vote of the people.
SECTION 6.04 INCOME TAX CREDIT
Effective April 1, 2003, the Income Tax Credit against the City of Aurora
municipal income tax on the income of City residents subject to a municipal
income tax in another municipality on the same income taxable by the City of
Aurora, is set equal to 100% to a maximum rate of 2%.
2014 Aurora City Charter Page 17
Any future adjustment in the Income Tax Credit must be approved by the
voters of the City at a general election to be held in the City on that question.
(5-4-2003.)
SECTION 6.05 COUNCILMANIC BONDS
Council’s right to issue bonds, or notes in anticipation of such issuance, shall be
subject to the limitations now or hereafter provided by the Constitution and
the Laws of Ohio and the further requirement that the Finance Director
establish, set aside, and maintain a cash reserve in an amount equal to 20% of
the outstanding principle balance, at any time, of the bonds or notes issued. (54-2010.)
ARTICLE VII
DEPARTMENT OF LAW
SECTION 7.01 DIRECTOR DUTIES
The Law Director shall be the head of the Department of Law.
The Law Director shall be, and during term remain, an attorney at law in good
standing, admitted to the practice of law in Ohio, and shall have been engaged
in the active practice of law in Ohio for a period of not less than five years
immediately prior to appointment.
The Law Director shall be the legal advisor and attorney for the City and for the
Mayor and Council and all officers, boards and commissions of the City in their
official capacities, and shall perform such other duties as are consistent with
the office of Law Director and as may be required by the Mayor or Council. (114-1997; 11-2-2004; 11-4-2014.)
ARTICLE VIII
DEPARTMENT OF PUBLIC SAFETY
SECTION 8.01 DIRECTOR DUTIES
The Mayor shall be the Director of Public Safety and shall be the head of the
Department of Public Safety, consisting of the Division of Police, Division of Fire
& EMS, and such other divisions in the Department responsible for other public
safety functions as, and to the extent created or authorized by Council,
including building, engineering, and inspection, health and other public safety
matters, and shall make or approve and publish written rules and regulations
for the government of this Department and its divisions, and shall be
responsible for enforcing all police, health, safety and sanitary regulations that
2014 Aurora City Charter Page 18
may be prescribed by the ordinances and rules of the City or Ohio laws. (11-41997; 3-2-2004; 11-2-2004.)
SECTION 8.02 DIVISION OF POLICE
There shall be a Police Chief who shall be the head of the Division of Police.
The Police Chief shall possess such qualifications for the position as established
by the Safety Director consistent with applicable Ohio laws.
The Police Chief shall be responsible for the enforcement of all criminal and
traffic City ordinances and Ohio laws, shall supervise the activities of all police
personnel, and shall be responsible for the maintenance of all specialized
equipment, other than building maintenance equipment, utilized by the
Division of Police. (11-4-1975; 11-2-2004.)
SECTION 8.03 DIVISION OF FIRE & EMS
There shall be a Fire Chief who shall be the head of the Division of Fire & EMS.
The Fire Chief shall possess such qualifications for the position as established
by the Safety Director consistent with applicable Ohio Law.
The Fire Chief shall be responsible for the enforcement of all ordinances and
Ohio laws that deal with fire prevention in the City, for the extinguishment and
control of fires within the City and providing proper and efficient rescue service
in the City, shall supervise the activities of all Fire & EMS Division personnel,
and shall be responsible for the maintenance of all specialized equipment,
other than building maintenance equipment, utilized by the Fire & EMS
Division. (11-2-2004.)
ARTICLE IX
DEPARTMENT OF PUBLIC SERVICES
SECTION 9.01 DIRECTOR DUTIES
The Director of Public Services shall be the head of the Department of Public
Services.
The Department of Public Services shall be responsible for construction,
improvement and maintenance of all public works, buildings, cemeteries,
roads, streets, and all other public facilities, properties and ways of the City,
and for the collection and disposal of solid wastes. The Department of Public
Services shall also be responsible for such other public service functions
including operations as and to the extent as may be directed or authorized by
2014 Aurora City Charter Page 19
and not otherwise provided for by Council, including utilities such as water
supply and distribution, sewage collection and disposal, and surface water
drainage and disposition, and City public service programs. The Department
shall have charge of and shall supervise the maintenance of all City property
and equipment and the storage of all materials and supplies, except that the
Police Chief and Fire Chief shall be responsible for the maintenance of all
specialized equipment, other than building maintenance equipment, utilized by
their divisions. (11-4-1997; 11-7-2000; 3-2-2004; 11-2-2004.)
ARTICLE X
PARKS AND RECREATION
SECTION 10.01 PARKS AND RECREATION
The City shall provide for parks and recreation, sports, senior and community
education, and special public events for City residents. (11-7-2000; 3-2-2004.)
ARTICLE XI
DIVISION OF PLANNING, ZONING AND BUILDING
SECTION 11.01 DIRECTOR DUTIES
The Director shall be the head of the Division of Planning, Zoning and Building.
SECTION 11.02 ORGANIZATION
The Division, through the Director and such other employees as may be
authorized by ordinances of Council, shall have the authority to enforce the
Zoning Code and implement the requirements and directives of the Mayor,
Planning Commission, Council and the laws of the State. The Division shall be
responsible for all phases of planning, zoning, building and development
activities in the City, including building code enforcement, Geographic
Information System (GIS) and zoning enforcement functions. The Division is
responsible for compliance with applicable ordinances of the City and State.
The Division shall be responsible for the coordination of comprehensive
planning activities within the City by the Planning Commission and other City
departments, as well as outside consultants involved in such planning activities.
(11-4-2014.)
2014 Aurora City Charter Page 20
ARTICLE XIII
PLANNING COMMISSION AND
ZONING PROCEDURE
SECTION 13.01 PLANNING COMMISSION - COMPOSITION AND TERM
The Planning Commission shall consist of one (1) member of Council and four
(4) electors of the Municipality not holding other municipal office nor
employed by the City in any capacity except as provided below, all of whom
shall serve without compensation. The Mayor shall serve as ex officio member
without the right to vote. The Director of the Department of Planning and
Zoning shall also serve as ex officio member without the right to vote. The
Council, by majority vote, shall, each January, elect its representative to the
Planning Commission for that calendar year. The four (4) electors shall be
appointed by the Mayor with confirmation by Council. Each regular
appointment of an elector to the Planning Commission shall be for a term of
four (4) years. The four (4) electors serving as Planning Commission members
shall each live in different wards of the City at the time of their appointment,
and throughout their term.
The terms of the four (4) electors serving as Planning Commission members
shall end on December 31st of the fourth (4th) year of their appointment, and
shall be staggered so that one (1) position shall become open at the beginning
of each year. No elector serving as a member of the Planning Commission shall
serve more than two (2) consecutive full, four (4) year terms.
The present members of the Planning Commission shall continue to serve until
the expiration of their respective terms.
A vacancy occurring during the term of any member of the Planning
Commission shall be filled for the unexpired term in the manner authorized for
an original appointment. (11-4-1997.)
SECTION 13.02 ORGANIZATION
The Mayor shall establish the date, time and place for the first meeting each
year at which the Planning Commission shall organize under a Chairman and
Vice Chairman elected for a term of one (1) year.
The Planning Commission shall establish its own rules of procedure, except that
meetings must be held at least once a month, shall be open to the public, and a
record of its resolutions, findings, determinations and recommendations shall
be maintained by the Clerk of the Planning Commission, who shall be
appointed by the Mayor. Approval shall require a minimum of three
2014 Aurora City Charter Page 21
affirmative votes for its resolutions,
recommendations. (5-8-2001; 11-4-2014.)
findings,
determinations
and
SECTION 13.03 POWERS AND DUTIES
The Planning Commission shall have such powers and duties as are conferred
upon it by the laws of Ohio concerning: the preparation of plans and maps for
the future physical development and harmonious improvement of the
Municipality; the plan, design, location, removal, relocation and alteration of
any public building or structure and public property; the location, widening,
extension and vacation of streets, alleys, public ways, parks, playgrounds,
recreation areas and other public places; the approval of plats for the
subdivision of lands; the regulation and restriction of the location of buildings
and other structures and of premises to be used for trade, industry, residence,
or other specified uses; the regulation and limitation of height of buildings and
other structures to be erected or altered; regulation of the bulk and location of
buildings and other structures to be erected or altered, including the
percentage of lot occupancy, set back building lines, and the area of yards,
courts and other open spaces; and such other powers and duties as may be
conferred upon it by the laws of Ohio and by resolution or ordinance of
Council.
The purpose of the Planning Commission, in addition to that set forth above
and conferred upon it by the laws of Ohio, is to promote and protect the public
health, safety, convenience, comfort, prosperity and general welfare of the
City. (5-8-2001.)
SECTION 13.04 MANDATORY REFERRAL TO PLANNING COMMISSION;
ELECTORATE APPROVAL
No resolution, ordinance, regulation, measure or order of Council concerning a
power or duty of the Planning Commission under Section 13.03, shall become
effective unless Council shall have first submitted the same to the Planning
Commission for a report and recommendation.
The Planning Commission shall act upon such a referral within 60 days of the
date the referral is made, unless a longer time is authorized by Council. If the
Planning Commission fails to act within the time allotted, Council may act upon
the matter as if it had received a recommendation of approval from the
Planning Commission.
No ordinance, measure or regulation which differs from the report or
recommendation made by the Planning Commission, whether such report or
recommendation is in response to a referral from Council or is submitted to
Council under another applicable section of the Charter or applicable provision
2014 Aurora City Charter Page 22
of City ordinances, shall take effect unless passed or approved by a two-thirds
vote of the number of members of Council.
Any ordinance approved by Council that would amend the City’s zoning map by
changing the zoning classification of one district classification, or part of one
district classification to another, or that would amend the City’s Zoning Code
regulations by changing any density regulations, shall be placed on the ballot at
a general or special election, as determined by Council, to be voted upon by the
electorate. No such ordinance shall become effective unless approved by a
majority of the electorate voting on the question. (11-3-1992; 11-7-2000; 11-22004; 11-4-2014.)
SECTION 13.05 PUBLIC HEARINGS BY COUNCIL
Council shall hold a public hearing on each resolution or ordinance enacting,
amending, or repealing zoning, subdivision, or building regulations, and shall
give 30 days public notice of the time and place thereof once in a newspaper of
general circulation in the City. (5-3-2005.)
ARTICLE XIV
MASTER PLAN REVIEW COMMISSION
SECTION 14.01 COMPOSITION AND TERMS
On or before January, 2002, the Mayor shall, with confirmation by a majority
vote of Council, appoint a Commission of nine (9) qualified electors of the
Municipality, holding no other office or appointment in this Municipality, as
members of a Master Plan Review Commission to serve until their duties as
outlined in Section 14.02 hereof are completed. A subsequent Commission
shall be appointed not more than five (5) years after the preceding
Commission. In the years in which the Commission is convened, the
appointment of members shall be made by the Mayor in January of that year,
and such members shall serve without compensation.
Council shall
appropriate sufficient funds to permit the Master Plan Review Commission to
complete its duties under this Article, including the hiring of any consultant
services deemed necessary. (11-4-1997.)
SECTION 14.02 DUTIES
It shall be the function and duty of the Master Plan Review Commission to
prepare a Master Plan for the City, and/or to review the current Master Plan
for the City and recommend revisions to that Master Plan. In performing their
function, the Master Plan Review Commission shall solicit input from the
Planning Commission, the Mayor and the Administration, City Council and its
various committees, and the public, including residents of, and businesses
2014 Aurora City Charter Page 23
located in, Aurora. The Master Plan, or any revision of the Master Plan, shall
contain the Commission’s recommendations for appropriate land use
classifications for every parcel of land within the City. Following the
completion of its activities, and within eight (8) months of the appointment of
the Master Plan Review Commission, the Master Plan Review Commission shall
submit its recommendations for adoption of, or for revision to, the City’s
Master Plan, to the Planning Commission for their consideration. (11-4-1997.)
SECTION 14.03. MASTER PLAN CONTENTS
The Master Plan or revisions to it, as recommended by the Master Plan Review
Commission shall examine and define land use for the next twenty (20) years
and address existing and projected problems with City development and
provide suggested solutions for resolving such problems. The Master Plan shall
contain the following:
A.
Formal recommendations for appropriate land use classifications for
every parcel of land within the City, preserving the current character
of the City, and ensuring that Residential, Commercial and Industrial
growth shall be attractive, productive, and in the best interests of the
health, safety and welfare of the City;
B.
Measures to preserve, protect, enhance and expand upon, open space
areas and other natural resources such as watercourses, wetlands,
and mature forests;
C.
Measures to promote connectivity including sidewalks, crosswalks,
trails and bike lanes.
D.
Measures to preserve the Historic and Landmark areas of the City,
including any and all designated Historic and Landmark District(s);
E.
Plans for the development and management of safe and efficient
traffic flow and transportation facilities throughout the community;
F.
Plans for the continuing upgrade of the City’s infrastructure, including
but not limited to the management of water and sewer systems,
whether storm or septic, roads, utilities, schools, police, fire and
recreation; and
G.
An identification of adequate funding options to implement all
recommendations contained in the Master Plan. (11-4-1997; 11-42014.)
2014 Aurora City Charter Page 24
SECTION 14.04 MASTER PLAN REVIEW BY PLANNING COMMISSION
Within four (4) months of their receipt of any Master Plan report and
recommendations, Planning Commission shall review such recommendations,
recommend adoption of a recommended Master Plan, recommend adoption of
revisions to any existing Master Plan, or recommend adoption of some
variation to it (hereinafter the Master Plan Recommendations), and forward
those recommendations on to City Council for their consideration and action.
(11-4-1997.)
SECTION 14.05 MASTER PLAN REVIEW BY CITY COUNCIL
Within four months of its receipt of the Master Plan Review Commission’s
recommendations, Council shall review and consider those recommendations,
and either approve and adopt the Master Plan Recommendations as
submitted, or approve them with revisions from the Planning Commission.
After the Master Plan has been approved by Council, but subject to
amendments of the plan by Council from time to time, the Planning
Commission and Council shall, in performing their duties and exercising their
powers, consider the Master Plan Recommendations as a comprehensive
guideline upon which land use recommendations and other regulations should
be based. (11-4-1997; 11-2-2004; 11-3-2009; 11-4-2014.)
ARTICLE XV
CIVIL SERVICE COMMISSION
SECTION 15.01 ESTABLISHMENT
The Civil Service Commission shall consist of three electors of the City not
holding other City office or employment, who shall be appointed by the Mayor
and confirmed by Council. The terms of these individuals shall be for six years.
Terms shall be staggered, so that one term commences at the beginning of
each odd-numbered year. No member of the Civil Service Commission shall
serve more than two consecutive full six year terms. A vacancy occurring during
the term of any member shall be filled for the unexpired term in the manner
authorized for an original appointment.
Appointment, confirmation and removal of Commission members shall be in
accordance with Section 4.05(A) of this Charter, as if directors under that
section.
The duties of the Civil Service Commission shall include the provision by rule for
the ascertainment of merit and fitness as the basis for appointment and
promotions in the City as required by the Ohio Constitution and other
applicable laws; hearing appeals and the implementation, supervision and
2014 Aurora City Charter Page 25
enforcement of the rules of the Civil Service Commission, as adopted by City
Council, and for appeals from the action of the Mayor in any case of transfer,
reduction, suspension, or removal. The action of the Civil Service Commission
on such appeal shall be final, except as otherwise provided by Ohio laws.
Payroll review shall be handled by the Director of Finance.
The Civil Service Commission shall report its activities to Council semi-annually.
General Ohio laws shall apply in all areas of City civil service and Civil Service
Commission actions, unless and to the extent lawfully superseded by contrary
or conflicting provisions of this Charter, City ordinances, or Civil Service
Commission rules. (11-4-1997; 11-7-2000; 11-2-2004.)
SECTION 15.02 EMPLOYMENT TESTING
The Civil Service Commission shall oversee all employment testing for Police
and Fire Departments, whether for an initial or promotional appointment,
which may include both written and oral (including oral assessment)
competitive evaluations.
However, examination shall not be required for appointment of members of
boards or commissions, heads of departments, assistants to the head of the
Law Department or to the Director of Finance, secretaries to the Mayor or to
the head of any department, or any other office or position requiring peculiar
or exceptional qualifications. Any person who shall have served this City with
fidelity for at least one (1) year next preceding the taking effect of this Charter
may be retained in the same or similar position without examination. Except as
herein provided, the Civil Service Commission shall determine the practicability
of competitive examination for any non-elective office or employment in the
service of the City. (11-4-1997; 11-7-2000.)
ARTICLE XVI
NOMINATIONS AND ELECTIONS
SECTION 16.01 NOMINATIONS
There shall be no primary election for the selection of candidates for any office
of this City.
Nominations for each elective City office shall be made by petition only, on
forms provided by the Board of Elections for the nomination of non-partisan
candidates, filed with such Board at least 75 days before the date of election,
or, in the case of an election to fill a vacancy, such shorter period as Council
may provide. Each petition for the nomination of a candidate for an office filled
by election at large shall be signed by not less than 25 qualified electors of the
2014 Aurora City Charter Page 26
City, and for an office filled by election from a ward shall be signed by not less
than 25 qualified electors of that ward.
Each candidate shall file a separate petition; group petitions shall not be used.
(11-8-1985; 11-7-2000; 11-2-2004.)
SECTION 16.02 ELECTIONS
The regular municipal election shall be held on the first Tuesday after the first
Monday in November in odd numbered years.
A special election provided for in this Charter shall be held on the date and for
the purpose stated in a resolution or ordinance of Council.
Except as otherwise provided in this Charter, Ohio laws applicable to elections
shall govern. (11-3-1992; 11-2-2004.)
ARTICLE XVII
INITIATIVE, REFERENDUM AND RECALL
SECTION 17.01 INITIATIVE
The electors of this Municipality shall have the power to propose ordinances
and other measures by initiative petition in accordance with the provisions of
the Constitution and laws of Ohio now or hereafter in effect.
SECTION 17.02 REFERENDUM
The electors of this City may, by referendum, approve or reject at the polls any
ordinance or resolution enacted by Council, except as otherwise provided in
this Charter, and in accordance with the referendum provisions of the Ohio
laws at the time in effect.
The Ordinance or Resolution that is the subject of a referendum petition shall
be submitted to the electors at the next scheduled general or special election
occurring not less than 75 days, nor more than 180 days after the petition is
certified by the Clerk of Council. If no such election is scheduled to be held
within such time, then Council shall provide for calling a special election not
more than 180 days thereafter. (11-3-2009.)
SECTION 17.03 RECALL
The electors may remove from office by a recall election any elected officer of
the City who has served at least six months of that officer’s term. A form of
petition demanding such officer’s removal may be filed with the Clerk of
Council, who shall note thereon the name and address of the person filing the
2014 Aurora City Charter Page 27
petition and the date of that filing, and deliver to such person a receipt
therefor and attach a copy thereof to said petition. That petition may be
circulated in separate parts, but the separate parts shall be bound together and
filed as one instrument. Each part shall contain the name and office of the
person whose removal is sought and a statement in not more than 200 words
of the grounds for the removal. Except as otherwise provided herein, that
petition shall be signed by at least that number of qualified electors that equals
at least 25 percent of the number of electors voting at the last preceding
regular municipal election; provided however, that in the case of a Council
member elected from a ward, signatures must be obtained from that ward and
shall be signed by at least that number of qualified electors that equals at least
25 percent of the number of electors voting in that ward in the last preceding
regular municipal election.
Within 10 days after that petition is filed, the Clerk of Council shall determine
whether or not it meets the requirements of this section. If the Clerk finds the
petition insufficient, the Clerk shall promptly certify the particulars in which the
petition is defective and deliver a copy of such certificate to the person who
filed the petition with the Clerk. Such person shall be allowed a period of 20
days after the date on which such delivery by the Clerk was made in which to
make the petition sufficient.
If the Clerk finds the petition sufficient, the Clerk shall promptly so certify to
Council, and shall deliver a copy of that certificate to the officer whose removal
is sought. If that officer does not resign within five days after the day on which
such delivery by the Clerk is made, the Council shall thereupon fix a day for
holding a special recall election not less than 75 days after the date of such
delivery.
At that recall election the question shall be placed upon the ballot: “Shall
(naming the officer) be allowed to continue as (naming the office)” with
provision being made on the ballot for voting affirmatively or negatively on that
question. If a majority of the votes cast at the election be voted affirmatively,
that officer shall remain in office. If a majority of the votes cast shall be voted
negatively, that officer shall be considered as removed upon official
certification of the election results, the office shall thereupon be declared
vacant, and that vacancy shall be filled as provided in this Charter. The officer
so removed shall not be eligible for appointment or election to the vacancy
created thereby.
The manner of signing, the method of circulating, the form and requirements
as to the affidavit, and the other requirements of Ohio laws pertaining to
initiative and referendum petitions, shall also apply to recall petitions, except
2014 Aurora City Charter Page 28
as may be otherwise provided in this Charter. (11-4-1975; 11-2-2004; 11-42014.)
ARTICLE XVIII
FRANCHISES
SECTION 18.01 GRANTING OF FRANCHISES
The Council may by ordinance grant a non-exclusive franchise to any person,
firm or corporation, to construct, maintain or operate a public utility on, across,
under or above any public street or public real estate within the Municipality
for a period not in excess of twenty-five (25) years; and it may prescribe in the
ordinance the kind or quality of service or product to be furnished, the rate or
rates to be charged therefor, and such other terms as it shall deem conducive
to the public interest.
Such franchise may be amended or renewed in the manner and subject to the
provisions established herein for original grants.
No consent of the owner of property abutting on any public street or public
real estate shall be necessary to the effectiveness of any such grant,
amendment or renewal.
SECTION 18.02 REGULATIONS
All such grants, amendments and renewals shall be made subject to the
continuing right of the Council to provide reasonable regulations for the
maintenance and operation of such utilities with reference to such streets and
public real estate, including the right to require the reconstruction, relocation,
alteration or removal of structures and equipment used in such streets or
public real estate as shall in opinion of the Council be conducive to the public
interest.
ARTICLE XIX
AMENDMENTS TO CHARTER
SECTION 19.01 INCONSISTENT AMENDMENTS
If two or more inconsistent proposed amendments on the same subject shall
be submitted at the same election, only the one of such amendments receiving
the highest number of affirmative votes, not less than a majority, shall become
a part of this Charter.
2014 Aurora City Charter Page 29
ARTICLE XX
CHARTER REVIEW COMMISSION
SECTION 20.01 COMPOSITION AND TERMS
The Mayor shall, with confirmation by a majority vote of Council, appoint a
Commission of nine (9) qualified electors and registered voters of the
Municipality, holding no other office or appointment in this Municipality, as
members of a Charter Review Commission to serve until their duties as
outlined in Section 20.02 hereof are completed. A subsequent Commission
shall be appointed not more than five (5) years after the preceding
Commission. Members shall serve without compensation. (11-4-1997; 11-72000.)
SECTION 20.02 DUTIES
The Charter Review Commission shall, in its meetings open to the public,
st
review the Municipal Charter, and, no later than August 1 of the same year,
present to Council such alterations, revisions and amendments, if any, to this
Charter as in its judgment are in furtherance of public interests. (11-3-1992.)
ARTICLE XXI
GENERAL PROVISIONS
SECTION 21.01 EFFECTIVE DATE OF CHARTER
For the purpose of nominating and electing officers of this Municipality and
fixing the compensation of those to be elected in 1959, this Charter shall be in
effect from and after the date of its approval by the electors, and for all other
purposes the Charter shall be in effect on and after the first day of January A.
D., 1960.
SECTION 21.02 EFFECT OF PARTIAL INVALIDITY
The determination of a court of competent jurisdiction that part of this Charter
is invalid shall not invalidate nor impair the force and effect of any other part
hereof except to the extent such other part is wholly dependent for its
operation upon the part declared invalid.
SECTION 21.03 EFFECT OF CHARTER UPON EXISTING LAWS AND RIGHTS
The adoption of this Charter and any amendment to it shall not affect any then
pre-existing rights of the City, or right or liability or pending suit or prosecution,
either on behalf of or against the City or City official, or contract entered into
by the City or for its benefit, or franchise granted by the City, or then pending
proceedings for the authorization of public improvements or the levy of
2014 Aurora City Charter Page 30
assessments for them. Except as a contrary intent appears herein, all actions of
Council in effect on the effective date of this Charter and of any amendments
to it, shall continue in effect until lawfully amended, superseded, or repealed.
(5-3-2005.)
SECTION 21.04 INTERPRETATION OF THE CHARTER
The Article and Section headings herein are inserted for convenient reference
only and are not intended to define, extend or limit the scope, or otherwise
affect, any provision of this Charter.
SECTION 21.05 REARRANGEMENT AND REPRINTING OF CHARTER
Following any election at which any amendment to this Charter is adopted, the
Clerk of Council, with the approval of Council and the Director of Law, may,
prior to any reprinting of this Charter, make such changes therein, including the
numbers, titles and arrangements of articles and sections hereof, as may be
necessary or desirable to maintain or assure the logical and consistent ordering
thereof, but no such change shall, in any way, affect the substance or meaning
of this Charter or any part thereof or amendment thereto. (11-4-1975.)
SECTION 21.06 CONFLICT OF INTEREST PROHIBITION
No officer, official or employee of the City, whether elected or appointed, shall
directly or indirectly solicit, contract for, receive or be interested in any profit
or emoluments with respect to any contract, job, work or service with or for
the City of Aurora, other than fixed compensation related to such position. No
member, appointed or volunteer, of any board, commission or committee,
shall directly or indirectly profit from any action taken by that board,
commission or committee. Each officer, official and employee of the City, as
well as members of a City board, commission or committee, shall in January of
each year, sign an ethics disclosure statement as approved by the Law Director
and maintained by the Human Resources Department. (11-3-1992; 11-7-2000;
11-3-2009.)
2014 Aurora City Charter Page 31
AURORA WARD MAP
(Effective December 19, 2011)
2014 Aurora City Charter Page 32